LEGAL BRIEF
The LEGAL BRIEF is a publication that is published every half-yearly and is intended as a forum for the exchange of ideas, studies and studies, as well as being a conduit of information, for the purpose of developing the development of legal science and those related to law in Indonesia. This publication contains scientific writings within the scope of business law from experts, academics, and practitioners. The writings are published after going through a review of bestari partners and editing by the editorial board without changing the substance of the subject matter. The writing in this publication is entirely the opinion and personal responsibility of the author and cannot be interpreted as reflecting the opinion of the Publisher. LEGAL BRIEF, an open-access journal, is blind peer-reviewed and published May and November every year. The journal accepts contributions in English/Indonesia (Preferably in English). LEGAL BRIEF is providing scholars with the best, in theory, research, and methodology as well as providing a platform to professionals and academics to share their ideas, knowledge and findings. The main objective of this journal is to provide a channel for the publication of articles based on original research as well as commentaries on a range of areas including legal issues related to law. LEGAL BRIEF publishes original papers, review papers, conceptual framework, analytical and simulation models, case studies, empirical research, technical notes, and book reviews.
Articles
921 Documents
<![CDATA[Mediation Empowerment in Resolution of Civil Claims in State Court ]]>
<![CDATA[Hariadi Hariadi]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.750
<![CDATA[Mediation is a way of resolving disputes through a negotiation process to obtain an agreement between the parties assisted by a mediator as a facilitator, the provisions of which are regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in District Courts. Mediation in court is the institutionalization and empowerment of peace (court-connected mediation) with the philosophical basis of Pancasila which is the basis of the Indonesian State, especially the fourth precept "Populist led by Wisdom of Wisdom in Deliberation/Representation". The fourth precept of the Pancasila, among other things, requires that efforts to resolve disputes, conflicts or cases be carried out through deliberations to reach a consensus that is filled with a spirit of kinship. Mediation in court is the result of the development and empowerment of peace institutions as stipulated in the provisions of Article 130 Herziene Inlandsch Reglemen (HIR) / 154 Rechtsreglemen voor de Buitengewesten (RBg) which requires a judge who hears a case to earnestly seek peace between the litigants. Efforts to resolve through Mediation apart from benefiting the parties are also beneficial for the Court because Mediation is expected to overcome the problem of accumulation of cases. however, the results of research at the Sengkang District Court Class IB and the Maros District Court Class IB show that the implementation of mediation is in accordance with Perma No. 1 of 2016 concerning Mediation Procedures at the District Court. However, there are several obstacles encountered in resolving civil lawsuit disputes in the District Court, namely egotism, external factors, educational factors, absence of the parties, passing the time limit, aspects of advocates and aspects of mediator judges.]]>
<![CDATA[A Dualistic Concept of Personal Guarantee Responsibility and Its Relevancy with Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligation A Dualism Of Personal Guarantee Responsibility In Indonesia Bankruptcy Law ]]>
<![CDATA[Liza Mashita Ramadhania]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.751
<![CDATA[Indonesia's legal system recognizes the concept of personal guarantee, which is a promise or guarantee of an individual as a third party to fulfil the debtor's obligations. The concept of guarantee in Indonesia regulates the roles and responsibilities of personal guarantees if the debtor cannot pay his debts. However, the problem is a dualism in theory or approach to personal guarantee responsibility, especially in carrying out debt collection in the debt settlement process in Bankruptcy and Suspension of Debt Payment Obligations ("PKPU"). This dualism exists in the approach to justify actions for the creditor in determining who can be claimed to fulfil debt payment obligations - the debtor or personal guarantor. The main purpose of this journal is to analyze the existence of dualism problems in the concept of responsibility in personal guarantees and how to address the issues. In this journal, the author uses normative juridical research methods, which can be analyzed with conceptual and statutory approaches. This journal addresses an analysis that there are still inconsistencies in Indonesian legal practice in determining responsibility for the implementation of debt obligations, especially in deciding bankruptcy cases in Indonesia. Regarding whose debt responsibility is, there is still a dual approach, namely whether to use the "guarantor is always a guarantor" approach or the "guarantor is the debtor" approach. This journal concludes that there is a legal vacuum to resolve these circumstances. Regardless of the dualism of these circumstances, the author argues that it is necessary to unify the concept of responsibility for personal guarantees to provide legal certainty, especially concerning the implementation of debt collection in the bankruptcy process and at the time of PKPU.The dualism of personal guarantee theory has indicated that it is urgently needed to unify the concept of personal guarantee to provide legal certainty, especially concerning the implementation of debt collection in the process of settlement of debts in bankruptcy and at Suspension of Debt Repayment Obligation (Penundaan Kewajiban Pembayaran Utang/PKPU), where the creditor must determine who can be claimed to fulfill the debt payment obligations. In this paper, the author seeks who is responsible to pay the debt when there is a personal guarantor to guarantee the debtor, and also to examine the debt settlement process through PKPU or bankruptcy.]]>
<![CDATA[Procurement of Government Goods and Services in Surabaya City: A Juridical Analysis of Business Contracts ]]>
<![CDATA[Tifany Eka Prastya]]>;
<![CDATA[Rachma Fitriyanti Nasri]]>;
<![CDATA[Maulidina Nafiah Guntoro]]>;
<![CDATA[Libita Ayu Annisa Sativa]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.752
<![CDATA[Effective procurement of goods and services in the Surabaya City Government area is essential to ensure that public funds are spent accountably and transparently. As such, there is an urgent need to examine the legal aspects of business contracts for the procurement of government goods and services in the city of Surabaya. The purpose of this study is to determine the factors that influence the occurrence of default by the Goods and Services Provider, as well as the responsibility of the regional head in the abuse of authority in the procurement of goods and services of local government. The research method uses normative juridical methods with a statutory approach and concept approach. The results of the findings in this study are that there are internal and external factors that make the occurrence of default where the agreement in an agreement is not implemented. Law Number 32 of 2004 concerning Regional Government for the implementation of legal liability of regional heads can be used as a guideline for the mechanism of legal liability of regional heads. The implementation of personal legal responsibility can be subject to article 3 of Law Number 31 of 1999 concerning Eradication of Corruption, as well as the return of state losses according to article 59 paragraph (2) of Law Number 1 of 2004 concerning State Treasury and article 18 letter b of Law Number 31 of 1999 concerning Eradication of Corruption. By shedding light on the legal framework that underpins procurement contracts in Surabaya, this study provides valuable insights for policymakers, public officials, and other stakeholders seeking to ensure the effective use of public funds in Surabaya City Government procurement.]]>
<![CDATA[Legal Review of the Requirements Become a Candidate for DPRD Member Who Graduate from Senior High School That’s Still Pro and Contra ]]>
<![CDATA[Agustiawan Saragih]]>;
<![CDATA[Abdillah Abdillah]]>;
<![CDATA[Ismayani Ismayani]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.753
<![CDATA[DPRD is a Regional People's Representative Body as a representation of the people, has the function of Forming Regional Regulations, Budgeting and Oversight which of course requires people who are experts in their fields. The aim of the research is to conduct a legal review regarding the requirements for prospective DPRD members who graduate from high school who still have pros and cons. The type of research in this paper is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive, namely explaining the problem according to the research title. The data used is secondary data which consists of primary legal materials in the form of Law No. 7 of 2017, Law No.23 of 2014 and related laws in research journals and secondary legal materials in the form of books, journals, electronic news, laws and regulations, opinions of legal experts and writings related to research title. The legal review regarding the requirements for prospective DPRD members to graduate from high school does fulfill one of the requirements in the laws and regulations, but to become a people's representative or legislator with a high school diploma equivalent can be said to be not yet an expert or broad-minded due to limited education. Therefore, it is suggested that the requirements for candidates for legislative members need to increase the standardization of minimum education for candidates for legislative members who have graduated from university, at least a Bachelor of Laws or Bachelor degree related to executive, legislative and judicial policies.]]>
<![CDATA[Legal Protection for Women as Victims in the Criminal Action of Mugging in Medan City ]]>
<![CDATA[Monica Sarah Sirait]]>;
<![CDATA[Laris Perjuangan Tambunan]]>;
<![CDATA[Yulkarnaini Siregar]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.754
<![CDATA[One of the crimes that is rife in the national news is the mugging that occurred in Medan City where women are often be victims.The purpose of thisis to find out the legal protection provided by the state to women as victims of criminal acts of mugging, especially in Medan City. This type of research is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive which explain the problem according to the research title. The data used is secondary data which consists of primary legal materials in the form of Law No. 31 of 2014 concerning amendments to Law No. 13 of 2006 concerning the protection of witnesses and victims, the Criminal Code, the Law No. 39 of 1999 concerning Human Rights, the Criminal Procedure Codeand secondary materials in the form of books, journals, electronic news, laws and regulations, court decisions and opinion of legal experts and writings related to the title of the research. Legal protection for women as victims of mugging in Medan City is urgently needed so that victims get justice. Law enforcers must unite to achieve an Integrated Criminal Justice System, especially the Police as law enforcers who have been given the authority by law to eradicate criminal acts of mugging that are rife in Medan City. Besides that, it is recommended for women to be more careful when driving at nightalone.]]>
<![CDATA[Legal Review of the Performance of Firefighters and Rescue Workers in Deli Serdang ]]>
<![CDATA[Sunardi Petrus Sembiring]]>;
<![CDATA[Heriansyah Heriansyah]]>;
<![CDATA[Dewi Robiyanti]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.755
<![CDATA[Fire and Rescue or abbreviated as Fire and Rescue are implementing elements of the Government which have the responsibility to assist the community in handling fires and rescue. The research objective was to find out the legal review regarding the performance of firefighters and rescue workers in Deli Serdang Regency. And it is necessary to have a legal study on how to deal with fires in accordance with rescue procedures from the government which can create common perceptions and uniformity of ways of acting for all personnel involved. The type of research in this paper is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive, namely explaining the problem according to the research title. The data used as primary legal materials include Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 16 of 2020 Concerning Nomenclature Guidelines for Provincial and District/City Fire and Rescue Services, and secondary legal materials in the form of books, journals, writings, media , and documents or other information related to the research title. By carrying out the procedures from the government, efficient suppression efforts can be achieved in deploying personnel to minimize losses and work as optimally as possible in blackout operations and rescue operations. Therefore, it is recommended for Firefighters and Rescue Executors to improve performance and timeliness, quality of facilities and infrastructurein tackling fire disasters and better rescue so that more and more people are saved. Especially to improve the procedures, rules and performance of officers to do more optimal fire prevention and rescue so that they run according to community expectations and regulation from government.]]>
<![CDATA[Legal Protection of Women and Children Victims of Sexual Violence in Gorontalo City Police ]]>
<![CDATA[Nopiana Mozin]]>;
<![CDATA[Lucyane Djaafar]]>;
<![CDATA[Risha Safitri Ibrahimr]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.758
<![CDATA[Legal protection in Indonesia is given to everyone based on equal rights and obligations as well as standing before the law. In this case, women and children are given extra legal protection because they are vulnerable to becoming victims of violence. In Gorontalo itself, the number of sexual violence increases every year. This is corroborated by the findings of cases of sexual violence from November 2019 to 2022, namely 105 cases. Regarding protection, the Gorontalo City Police Women's and Children's Service Unit has a role in protecting against all forms of violence, especially sexual violence. Sexual violence is defined as forced sex that can be performed by anyone who does not care about their relationship with the victim. The method used in this research is qualitative analysis, where research findings are obtained from literature research, document studies, and interviews. The purpose of this research is to find out legal protection efforts for women and children who are victims of sexual violence in Gorontalo and what are the inhibiting factors for legal protection for children and women who are victims of sexual violence themselves. In the findings of this study, legal protection for women and children who were victims of sexual violence, namely that victims immediately received assistance from the Integrated Service Center for Empowerment of women and children (P2TP2A) at the Gorontalo City Police in the initial process. Assistance is focused on the mental and psychological health of the victim. After that, if the victim is not satisfied with the process, the Integrated Women and Children Empowerment Service Center (P2TP2A) will assist the victim in submitting a report to the National Police so that it is followed up through the court process. The inhibiting factors found in this study were the victim's uncooperativeness in providing information due to mental disturbances due to trauma, as well as the location of the victim's house which was quite far away in terms of the process of providing legal protection itself.]]>
<![CDATA[Juridical Consequences and Legal Protection for Unregistered Waqf Land ]]>
<![CDATA[Shendy Rianti Islamy]]>;
<![CDATA[Audia Andini Ariputri]]>;
<![CDATA[Belinda Soegijanto]]>;
<![CDATA[Willy Democitta Tanaya]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.760
<![CDATA[This study aims to investigate the legal implications of unregistered waqf land and the protection available to it. The research adopts a descriptive and normative legal research approach to analyze the legal framework surrounding waqf in Indonesia. The findings show that the government has enacted laws and regulations, such as Law no. 5 of 1960, Government Regulation No. 28 of 1977 concerning Waqf of Owned Land, and Law Number 41 of 2004 concerning Waqf, to ensure that waqf assets are legally protected and registered. According to positive law, the waqf pledge deed is considered an authentic deed that can be used as evidence in resolving future disputes regarding waqf land. The involvement of witnesses in the waqf pledge process is essential to guarantee the protection of waqf land. Despite the existing regulations, there are still unregistered waqf lands that need legal protection. The research reveals that legal protection for unregistered waqf land is available in Indonesia. However, the absence of registration and certification for waqf land creates uncertainty and makes it vulnerable to misuse by parties who are not responsible for the legal nature and purpose of waqf. Therefore, it is important to continue promoting the registration of waqf assets to ensure their legal protection and prevent any future disputes. The implications of this research contribute to the ongoing discussions on waqf land registration and provide a basis for further research in this field.]]>
<![CDATA[Legal Review Regarding Appointment of Ambassador in Indonesia Based on Gender Equality ]]>
<![CDATA[Warasli Tafonao]]>;
<![CDATA[Setiaman Gea]]>;
<![CDATA[Zetria Erma]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.765
<![CDATA[The purpose of conducting this research is to find out how the position of the President in Indonesia is and the mechanism for appointing Ambassadors of the Republic of Indonesia, where the majority still appoint men only. For this reason, it is appropriate for women's groups so that gender equality occurs. This type of research is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive, namely explaining the problem according to the research title. Primary data is in the form of the 1945 Constitution and secondary material is in the form of books, journals, electronic news, laws and regulations and legal expert opinions as well as writings related to research titles. The President in appointing the Indonesian Ambassador must pay attention to the considerations of the People's Representative Council. The position of the President in Indonesia and the mechanism for appointing the Ambassador of the Republic of Indonesia based on gender equality with the consideration of the DPR is very necessary in the interest of cooperation between countries. Therefore, it is suggested that the government be more assertive and clarify the provisions governing the position and accountability mechanism of a president as the head of state in appointing an Indonesian Ambassador in accordance with the system of government adopted by the Indonesian state which provides equal opportunities to all prospective ambassadors, both male and female, serve in any area regardless of the conditions. And it is necessary to hold a procedure for appointing an Indonesian Ambassador to ensure transparency over the prospective Ambassadors who are placed to have sufficient capacity and capability to realize the national interests of all Indonesian people regardless of gender while on duty and work regardless of the territory occupied.]]>
<![CDATA[Islamic Inheritance Law and Its Implications on the Rights of Adopted Children in IndonesiaPerspective on Adopted Children Enforcement in The Law of Inheritance ]]>
<![CDATA[Megawati Atiyatunnajah]]>;
<![CDATA[Sidik Setyawan]]>
<![CDATA[ LEGAL BRIEF Vol. 12 No. 1 (2023): April: Law Science and Field ]]>
Publisher : <![CDATA[IHSA Institute ]]>
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DOI: 10.35335/legal.v12i1.768
<![CDATA[Adoption has developed into a widespread phenomenon in the context of Indonesian society. Due to the fact that adoption affects the interests of individuals within a family, adoption has been integrated into the legal framework that regulates family relationships As a result of the way it influences individual interests within the family, it has been incorporated into the legal framework governing family relationships. Article 39 of the Child Protection Law, adoptive parents must pay attention to the best interests of the child during the process, which must also be carried out in accordance with community habits, applicable laws and regulations. There are two categories of adoption in Indonesia: domestic adoption, which occurs between Indonesian citizens, and international adoption, which involves children of Indonesian citizens who are adopted by people who are not residents of Indonesia. The research method used is known as normative juridical research. This research method is used to understand and evaluate whether a legal regulation has complied with the applicable legal principles and formal requirements set by the law. The author chooses this method because it is relevant to various fields of law and generates new ideas. According to research, the inheritance rights of indigenous Indonesians are carried out based on Islamic law in situations involving Indonesian inheritance law. Adopted children are still considered biological parents and are not entitled to inherit from their adoptive parents. The local customary law system will determine how many adopted children are entitled to inheritance. Adopted children still receive inheritance from their biological parents, not from their adoptive parents because adopted children do not inherit from their adoptive parents. Increased public awareness and stricter regulations in Indonesia regarding adoption practices can help protect the rights and interests of children and promote safer and more secure adoption practices.]]>
